HomeMy WebLinkAboutHIGHLANDER HEIGHTS THIRD - Filed OA-OTHER AGREEMENTS - 2003-11-25E "BRA":DUL9 OF AGREEI.1-L JT
March
THIS, AGREEMENT, MADE AIdD ENTERED INTO THIS 3rd DAY OF/A.D. 1960,BY
AND 3ETwEEPI THE CITY OF FGRT COLLINS, A MUNICIPAL CORPORATION, HEREINAFTER
DESIGNATED ,S FIRST PARTY, AND Clyde E Honstein & Clara Honstein
HEREINAFTER DESIGNATED AS SECOND PARTY, WITI`:ESSETH:
WIEREAS, SECOND PARTY HAS HERETOFORE SUBMITTED A SUBDIVISION PLAT OF
,HE ,UBDIVI.SION TD EE ANOW>, AS Highlander Heights Third Subdivision
FOR APPROVAL BY THE MUNICIPAL PLANNING AND ZONING BOARD AND
TIIE CITY COUNCIL OF THE CITY OF FORT COLLINS, AND
WTIF REAS, SAID SUPDIVISION PLAT IS ACCEPTABLE TO FIRST PARTY AND FIRST
IARfY�S PLANNING AND ZONING BOARD, SUBJECT TO CONSTRUCTION OF UTILITIES
IN THE AREA TO UE SUBDIVIDED,
NOW, TI'EREFOPE, IN CONSIDERATION OF THE PREMISES AND THE TERMS CF
-HI, AGREEME"^.T, IT IS MUTUALLY AGREED AS FOLLOWS:
I. !RST PARTY ,.GREES THAT SAID SUBDIVISION PLAT SHALL BE, AND THE
SA IF IS HEREFY APPROVED.
P. IN CONSIDERATION OF THE APPROVAL OF SAID PLAT BY FIRST PA---Fy,
AND FIPST PARTY'S PLANNING AND ZONING BOARD, SECOND PARTY AGREES AS
FOLLOWS:
(A) TO SUBMIT TO FIRST PARTY THE FOLLOWING DETAILED IMPROVE—
MENT PLANS, ACCEPTABLE TO THE FIRST PARTY:
(I) A PLAN OF THE PROPOSED AOTER DISTRIBUTION SYSTEM INCLUDING
THI- CONNECTING PIPELINES TO THE POINTS OF CONNECTION TO THE FIRST PARTY£
EXISTING WATER DISTRIBUTION SYSTEM AND SHOWING ALL VALVES AND FIRE
HYD!,ANTS.
(P) PLANS AND PROFILES OF THE PROPOSED SANITARY SEWER SYSTEM
INCLUDING ALL MANHOLES AND CONNECTIONS TO THE FIRST PARTY'S EXISTING
S ,NITIRY SEWER SYSTEM.
(3) A PLAN OF THE PROPOSED ELECTRICAL DISTRIBUTION SYSTEM
INCLUDING CONNECTING LINES TO THE FIRST PARTY'S EX'BTING ELFC1a1C1,1-
DISTRIaLITION SYSTEM AND INCLUDING ALL STREET LIGHTS.
(4) PLANS AND PROFILES OF ALL STREET IMPROVEMENTS.
(5) PLANS AND PROFILES OF THE PROPOSED STREET DRAINAGE SYSTEM
SHOWING THE CONNECTIONS TO THE FIRST PARTY'S STORM SEWER SYSTEM AND
INr,LUUt NG ALL STORM SEWER INLETS AND MANHOLES.
(6) ITEMS AM TO A(J) INCLUSIVE ARE TO BE FINANCED BY THE
PARTY OF THE SECOND PART, EXCEPTING ONLY ITEM (3) ELECTRICAL DISTRIBUTION
SY�[FM. ALL MATERIAL REQUIRED FUR STREET LIGHTS ARE TO BE PAID FOR BY
THE PARTY OF THE SECOND PART TO THE LIGHT & POWER DEPARTMENT OF THE CITY.
IN THE EVENT l'HE CITY OF FORT COLLINS SHALL REQUIRE LARGER WATER
VAINS, SANITIRY SEWER MAINS OR STORM SEWER MAINS TO BE CONSTRUCTED WITH-
IN THE SUBDIVISION THAN W 0 C L D BE REQUIRED BY STANDARD ENGINEERING
P ',iACTICER TO SEPVE THE SUBDIVISION, IN ORDER TO PROPERLY EXTEND THESE
SERVICES i0 OTHER AREAS, THE CITY OF FORT COLLINS WILL PAY A PORTION
OF THE C:ST OF SUCH ENLARGED FACILITY BASED ON PRORATION OF THE COST OF
THE FACILITY ACTU,ILLY CONSTRUCTED AND THE ESTIMATED COST OF SUCH
I,CILITY AS SHOWN ON THE SUB DI VI D E R ' S APPROVED PLAN. SUCH PRORATION OF
C,°ITS BEI''!EIN THE C'TY OF FORT COLLINS AND THE SUBDIVIDER SHALL BE
DETERMINED IN ADVANCE OF CONSTRUCTION BY THE CITY ENGINEER AND IN THE
CVI'_NT OF ANY DISPUTE THIS "BATTER SHALL BE SUcMITTED TO THE CITY COU':CII
FOR FINAL CETERIMINATION.
IN '+'JI I i"MESS •JHEREOF, FIRST PARTY HAS CAUSED THESE FRESEENTS TO BE
SIGNED BY ITS [!,,YOF AND ITS CORPORATE SEAL TO BE HERETO AFFEXED ATTESTED
TJ BY ITS CITY CLERK, PURSUANT TO MOTION OF THE COUNCIL OF THE CITY OF
December
FORT COLL- INS DATED THE 315t DAY OF / A.O., I959 :ND SECOND
P'0�TY HAS HERETO SET HIS HAND AND SEAL THE DAY AND YEAR FIRST HERFiN-
AB^_VE WRITTEN.
ATTEST:
CITY CLERK
THE CITY OF FORT COLLINS, A
MUNICIPAL CORPORATION
By F - cl .
1 % J SAVOR FIRST PARTY
I
(SEAL)
SECOND PARTY